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The Mental Process Exception to Patent Eligibility is Remarkably Brainless | McDonnell Boehnen Hulbert & Berghoff LLP - Vimarsana News

The Mental Process Exception to Patent Eligibility is Remarkably Brainless | McDonnell Boehnen Hulbert & Berghoff LLP

In Liu Cixin's novel The Three Body Problem, the characters create a "computer" from human labor.  Millions of people serve as "bits" and hold up flags to indicate whether they...

Could Alice Be Used to Invalidate Diehr? Of Course It Could | McDonnell Boehnen Hulbert & Berghoff LLP - Vimarsana News

Could Alice Be Used to Invalidate Diehr? Of Course It Could | McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court's Alice Corp. v. CLS Bank Int'l case has been criticized for setting forth a patent eligibility analysis that is unworkably subjective.  As a consequence, the validity of particular types of inventions, especially those in the software and business method space, can be uncertain until undergoing judicial review. In a nutshell, Alice sets forth a two-part test to determine whether claims are directed to patent-eligible subject matter under 35 U.S.C. § 101.  One must first decide whether the claim at hand is directed to a judicially-excluded law of nature, a natural pheno...

On the Patent Eligibility of Information Processing | McDonnell Boehnen Hulbert & Berghoff LLP - Vimarsana News

On the Patent Eligibility of Information Processing | McDonnell Boehnen Hulbert & Berghoff LLP

To embed, copy and paste the code into your website or blog: A computer does just three things: receives information in the form of bits, transforms this information, and provides output based on the information as transformed.  The receiving may take place by way of various types of input modalities, such as keyboards, touchscreens, mice, audio microphones, video cameras, network interfaces, sensors, and so on.  The transforming may involve a literally infinite number of possibilities in the form of algorithms.  The output may also take on various modalities, including images displayed o...

Election Ballot Verification – A Patent Subject Matter Eligibility Analysis | BakerHostetler - Vimarsana News

Election Ballot Verification – A Patent Subject Matter Eligibility Analysis | BakerHostetler

To embed, copy and paste the code into your website or blog: In light of recent events, technologies directed toward verifying voter ballots may sound like attractive investment opportunities. However, potential investors often seek to ensure a technology is protected by one or more valid patents before opening their checkbooks. Interestingly, a Federal Circuit case from 2018, Voter Verified, Inc. v. Election Systems & Software, invalidated issued patent claims directed to voting methods and systems that provide for “auto-verification” of a voter’s ballot for lack of subject matter eli...

An Analytic Approach to Patent Eligibility | McDonnell Boehnen Hulbert & Berghoff LLP - Vimarsana News

An Analytic Approach to Patent Eligibility | McDonnell Boehnen Hulbert & Berghoff LLP

Ariosa v. Sequenom") decisions, has rendered pursuit of patent protection for these inventions to be relegated to the ranks of the foolhardy.  The effect on investment and hence progress and innovation has been as expected; perhaps the only silver lining from the SARS-Cov-2 epidemic has been that in the frantic and desperate struggle for both diagnostics and vaccines the usual market forces have been collapsed by government investment (which is not usually a recipe for economic success). But if policymakers cannot find a path to resolve the political differences that have prevented a legisla...